It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of (...) law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, the metaphysics/metasemantics of (legal) content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law. (shrink)

This paper demarcates a theoretically interesting class of "evaluational adjectives." This class includes predicates expressing various kinds of normative and epistemic evaluation, such as predicates of personal taste, aesthetic adjectives, moral adjectives, and epistemic adjectives, among others. Evaluational adjectives are distinguished, empirically, in exhibiting phenomena such as discourse-oriented use, felicitous embedding under the attitude verb `find', and sorites-susceptibility in the comparative form. A unified degree-based semantics is developed: What distinguishes evaluational adjectives, semantically, is that they denote context-dependent measure functions ("evaluational (...) perspectives")—context-dependent mappings to degrees of taste, beauty, probability, etc., depending on the adjective. This perspective-sensitivity characterizing the class of evaluational adjectives cannot be assimilated to vagueness, sensitivity to an experiencer argument, or multidimensionality; and it cannot be demarcated in terms of pretheoretic notions of subjectivity, common in the literature. I propose that certain diagnostics for "subjective" expressions be analyzed instead in terms of a precisely specified kind of discourse-oriented use of context-sensitive language. I close by applying the account to `find x PRED' ascriptions. (shrink)

This paper investigates how inquiry into normative language can improve substantive normative theorizing. First I examine two dimensions along which normative language differs: “strength” and “subjectivity.” Next I show how greater sensitivity to these features of the meaning and use of normative language can illuminate debates about three issues in ethics: the coherence of moral dilemmas, the possibility of supererogatory acts, and the connection between making a normative judgment and being motivated to act accordingly. The paper concludes with several brief (...) reflections on the theoretical utility of the distinction—at least so-called—between “normative” and “non-normative” language and judgment. Clarifying the language we use in normative conversation and theorizing can help us diagnose problems with bad arguments and formulate better motivated questions. This can lead to clearer answers and bring into relief new theoretical possibilities and avenues to explore. (shrink)

Recent decades have witnessed a flurry of interest in Nietzsche's metaethics — his views, if any, on metaphysical, epistemological, semantic, and psychological issues about normativity and normative language and judgment. Various authors have highlighted a tension between Nietzsche's metaethical views about value and his ardent endorsement of a particular evaluative perspective: Although Nietzsche makes apparently "antirealist" claims to the effect that there are no evaluative facts, he vehemently engages in evaluative discourse and enjoins the "free spirits" to create values. Nearly (...) every major type of metaethical "-ism" has been ascribed to Nietzsche in response. This chapter provides a critical introduction to Nietzsche's metaethics, focusing on matters concerning the nature and grounds of normativity. I begin by examining and raising challenges for Nadeem Hussain's prominent interpretation of Nietzsche as a revolutionary fictionalist. I argue that a constructivist interpretation (developed elsewhere) provides an improved account of the connections, for Nietzsche, between evaluative attitudes and the nature of value, and among practical nihilism, art, and value creation. Values, on this view, are treated as grounded purely in facts about creatures’ evaluative attitudes. The chapter concludes by considering several alternative subjectivist, constitutivist, and non-cognitivist interpretations. A nuanced understanding of the space of metaethical theories brings into relief a plausible normative and metanormative view that we can attribute to Nietzsche. (shrink)

This paper develops an account of the meaning of `ought', and the distinction between weak necessity modals (`ought', `should') and strong necessity modals (`must', `have to'). I argue that there is nothing specially ``strong'' about strong necessity modals per se: uses of `Must p' predicate the (deontic/epistemic/etc.) necessity of the prejacent p of the actual world (evaluation world). The apparent ``weakness'' of weak necessity modals derives from their bracketing whether the necessity of the prejacent is verified in the actual world. (...) `Ought p' can be accepted without needing to settle that the relevant considerations (norms, expectations, etc.) that actually apply verify the necessity of p. I call the basic account a modal-past approach to the weak/strong necessity modal distinction (for reasons that become evident). Several ways of implementing the approach in the formal semantics/pragmatics are critically examined. The account systematizes a wide range of linguistic phenomena: it generalizes across flavors of modality; it elucidates a special role that weak necessity modals play in discourse and planning; it captures contrasting logical, expressive, and illocutionary properties of weak and strong necessity modals; and it sheds light on how a notion of `ought' is often expressed in other languages. These phenomena have resisted systematic explanation. In closing I briefly consider how linguistic inquiry into differences among necessity modals may improve theorizing on broader philosophical issues. (shrink)

This paper examines distinctive discourse properties of preposed negative 'yes/no' questions (NPQs), such as 'Isn’t Jane coming too?'. Unlike with other 'yes/no' questions, using an NPQ '∼p?' invariably conveys a bias toward a particular answer, where the polarity of the bias is opposite of the polarity of the question: using the negative question '∼p?' invariably expresses that the speaker previously expected the positive answer p to be correct. A prominent approach—what I call the context-management approach, developed most extensively by Romero (...) and Han (2004)—attempts to capture speaker expectation biases by treating NPQs fundamentally as epistemic questions about the proper discourse status of a proposition. I raise challenges for existing context-managing accounts to provide more adequate formalizations of the posited context-managing content, its implementation in the compositional semantics and discourse dynamics, and its role in generating the observed biases. New data regarding discourse differences between NPQs and associated epistemic modal questions are introduced. I argue that we can capture the roles of NPQs in expressing speakers’ states of mind and managing the discourse common ground without positing special context-managing operators or treating NPQs as questions directly about the context. I suggest that we treat the operator introduced with preposed negation as having an ordinary semantics of epistemic necessity, though lexically associated with a general kind of endorsing use observed with modal expressions. The expressive and context-managing roles of NPQs are explained in terms of a general kind of discourse-oriented use of context-sensitive language. The distinctive expectation biases and discourse properties observed with NPQs are derived from the proposed semantics and a general principle of Discourse Relevance. (shrink)